Kayyum Dawood Khan vs The State Of Maharashtra And Ors
2021 Latest Caselaw 17404 Bom

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN                                                           14-APEAL-411-2021.odt
SHIVGAN   Date:
          2021.12.14
          18:53:21
          +0530


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO.411 OF 2021

                       Kayyum Dawood Khan                                          ...Appellant
                            Vs
                       The State of Maharashtra & Ors.                            ... Respondents
                                                     ...

                       Mr. B.B.Tiwari i/by Mr. Azimuddin N. Kazi for the Appellant.
                       Smt.S.V.Sonawane, APP for the Respondent-State.
                       Ms. Komal G. Sinha, appointed advocate for R.No.2.

                                    CORAM : SANDEEP K. SHINDE J.
                                    DATE : DECEMBER 14, 2021.



                       P.C. :

                                     It    is   an   appeal   under   Section   14A(1)   of   the

                       Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

                       Act, 1989 ('Act of 1989' for short).




                       2             Heard learned counsel for the appellant, the learned

                       prosecutor for the State and Ms. Komal Sinha, advocate

                       (appointed) on behalf of the complainant.




                       Shivgan                                                                      1/3
                                                 14-APEAL-411-2021.odt

3              The learned counsel appearing for the complainant

would rely on the judgment of the Apex Court in the case of

Manju Devi v. Onkarjit Singh Ahluwalia alias Omkarjeet Singh

and Ors. (2017) 13 SCC 439 to contend that in view of Section

18 and 18A of the Act of 1989, any person against whom

accusation of having committed an offence has been made,

provisions of Section 438 of the Code shall not apply. Thus, she

would question maintainability of appeal for pre-arrest bail.




4             Primary evaluation of the First Information Report shows

that, if the offence under the Act of 1989 is not made out, bar under

section 18 and 18A(2) shall not apply. I have perused the First

Information     Report.   Admittedly,   there   is   a   dispute   about

redevelopment of the building between the complainant and the

appellant. Since the matter regarding redevelopment of the property

was subject matter of civil dispute, any dispute arising on account of

that, would not disclose offence under the Act of 1989, unless the

victim is abused, intimidated, only for the reason that he belongs to

Scheduled Caste or Scheduled Tribe.


Shivgan                                                             2/3
                                                    14-APEAL-411-2021.odt

5           In consideration of the facts of the case, in my view, no

offence under the Act of 1989 has been disclosed in the First

Information Report. In that view of the matter, appeal is allowed.

Hence, the following order;

                                ORDER

(I) In the event of arrest of the appellant in Crime No. 62 of

2021 registered with Mumbra Police Station, he shall be released on

executing PR bond for the sum of Rs.25,000/- with one or more

sureties in like sum.

(ii) Appellant shall join the investigation as and when

required and shall co-operate in the investigation.

6 The appeal is accordingly allowed and disposed of.

7 It is made clear that observations made hereinabobve be

construed as expression of opinion only for the purpose of bail and

the same shall not in any way influence the trial in other

proceedings.

                                              (SANDEEP K. SHINDE, J.)




Shivgan                                                                 3/3